Hey...I have a question (mainly for producers that sample). What are the legal properties of using samples? In relation of selling, using for promotion, etc....basically, beats with samples...is there anything of major legal importance that i should know about (as a newly started producer)....please someone let me know...peace!
Samples...
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Fade
The Beat Strangler
Administrator
illest o.g.
Well the bottom line is that if you sample something, you must pay to use it. There's no such thing as a "2-second rule" that some people mention. If you sample, you sample. The trick is to sample something and process the hell out of it so it can't be recognized. Also, if you're just making music for yourself or if you're not looking to "make it big" by working with artists or selling beats, then there's nothing to worry about.
If you were some big producer and you sampled something noticeable, then the original owners would hunt you down and make you pay because they know you're making some good money off of your production that includes a sample of their work.
If you were some big producer and you sampled something noticeable, then the original owners would hunt you down and make you pay because they know you're making some good money off of your production that includes a sample of their work.
DJ Excellence
ILLIEN
Be careful about the status of the record you want to sample (if you want to use your beats in commercial work)
First of all check if the record passes into public domain , basically it goes like that:
DATE OF WORK PROTECTED FROM TERM
Created 1-1-78 or after When work is fixed in tangible medium of expression Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2
Published before 1923 In public domain None
Published from 1923 - 63 When published with notice3 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain
Published from 1964 - 77 When published with notice 28 years for first term; now automatic extension of 67 years for second term
Created before 1-1-78 but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2002, whichever is greater
Created before
1-1-78 but published between then and 12-31-2002 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2047 whichever is greater
if the record doesn't pass into it then as Fade mentionned you either have to alter the sample or find an arrangement with the owner of the original recording
peace,
PHIL
First of all check if the record passes into public domain , basically it goes like that:
DATE OF WORK PROTECTED FROM TERM
Created 1-1-78 or after When work is fixed in tangible medium of expression Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2
Published before 1923 In public domain None
Published from 1923 - 63 When published with notice3 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain
Published from 1964 - 77 When published with notice 28 years for first term; now automatic extension of 67 years for second term
Created before 1-1-78 but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2002, whichever is greater
Created before
1-1-78 but published between then and 12-31-2002 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2047 whichever is greater
if the record doesn't pass into it then as Fade mentionned you either have to alter the sample or find an arrangement with the owner of the original recording
peace,
PHIL
B
bE@t Mr.ë?
Guest
iM lOST. Im hOPiN tO mAKe iT BIG- . I BE SAMPLIN LIKE IN 4:10 TRACKS I USALLY DONT SELL MY BEATS CUZ I PRODUCE THEM FOR FRIENDS AND MYSELF BUT I HAVE SOLD BEATS WITH SAMPLED CONTENT WITH NO PERMISION SO IM DOING ILLEGAL PRODUCTIONS SEE IF I CARE.BUT I WANT TO KNO IF I SHOULD GET PERMISSION BEFORE PRODUCIN TRAXS THAT ARE GOING TO BE USED ON MY STREET SAMPLER/DEMO CUZ HOPEFULLY BIG COMPANYS ARE GOING TO BE HEARIN MY SHIT SOON SO HOLLA AT ME ANY1
I'm gonna suggest you go one step futher than what Fade said and rather processing the heck out of it...just do your own thing. I think originality speaks for itself. Make them wanna sample your work! Be original or process the heck out it and use that as a template to create something new...hmmmm?
peace dac
peace dac
B
bE@t Mr.ë?
Guest
yea latley i been laying off the samples and been more creative with my TraXs. (its hard not to sample after listenin to those beats by kany west, and anything on the diplomatic immunity cd's)