Real OOLLDDD records sample clearance

[Loose Cannon]

Say you got a record like ode to joy, or some beethoven or mozart or any kind of classical or anything that old, where you know that the family and all relatives are dead by now, do you still gotta pay sample clearances and all that for using it?

Im not tryin to clear any samples right now, but i use a lot of them records and im tryin to get an idea of how it would work.

 

[DJ Excellence]

NO, they pass into the public domain.

 

[M!nd_Ctrl]

It depends on who played it and when it was copyrighted. In your case, I think the notes to the "classical" stuff is fair game. But, you can't just forget that someone actually took the time to play the notes and put them on the record. The way that person played it is therefore protected (for some time).

I may be wrong, but this is how I understand it.

Here's some info:

http://www.copyright.gov/circs/circ1.html#hlc


But will anyone really notice.


Ctrl

 

[MaZaMuNe]

Ya i thought it was public domain after 20 years or something like that...

 

[orpheus]

It's public domain after 60 years. Something around there. That means you can recreate the melodies...whatever...but the recording you sample from is still owned by somebody. Like old folk songs and shit -- you can resing those if you want, but to sample it you still got to clear it with whoever owns that rendition of it

 

[Equality 7-2521]

music and lyrics are public domain 50 years (70 in the UK) after the end of the year the composer or writer died.

the music and the lyrics are treated seperately. one may expire before the other.

 

[Loose Cannon]

Im cool then. Cuz im usin shit from 1860.

I wasnt talkin bout usin well-known melodies though. I was just tryin to give an idea of the timne period that im sampling from.

 

[RigorMortis]

yeah but you are forgetting it wasnt recorded in 1860 now was it? so there is also the fact of paying the guys who played and recorded it or the label or whoever owns those rights....

 

[Copenhagen]

We've already covered this in another thread, wherefore I will suggest you to always use the search button at the top to see if your question has been discussed before, before starting a new thread.

However, to put it short, there are 2 sides to a copyright. There's the composer's copyright and the copyright to the recording (usually a record company). The composer's copyright ceases to exist 70 years (most places in Europe) after the year of the composer's death. Therefore, in regards to e.g. Mozart, you do not have to pay the composer, but the vinyl/cd you sampled from is played/recorded by somebody else than Mozart and is owned by them. If you recreate the melody yourself, then you do not inflict with any copyright.

 

[Ca$h Pacasso]

Why do you moderator always say things already have been discussed in other threads. Well ive taken your advice a couple of times and when i went to the older threads and they didnt touch on the subject like i wanted. It doesnt always help to check someone elses forums that they started in their own words. My question may be similar but different you know.

 

[Copenhagen]

Ca$h Pacasso (did you mean Picasso), it's quite okay that you disagree but please PM me or any of the moderators regarding such matters in the future, instead of airing it in a thread, where it will only clutter it.
I cannot speak on behalf of the other moderators, but I only mention the above when I know that it has been covered. However, that doesn't mean that you are not allowed to start a new thread if you do not feel that the old threads answer your question. I am just giving our members some general advice, which will also keep the forums from being cluttered with similar threads. Elaborating and adding to old threads will also only make that thread even more worth reading.
In regards to this particular subject, the same answers were given in the old thread as in here.