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  #11  
Old 2012-11-10, 19:06
ryszard's Avatar
ryszard ryszard is offline
 
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What platzangst said.
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  #12  
Old 2012-11-10, 19:18
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charlycharlzz charlycharlzz is offline
 
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thank you guys , so my way of anderstanding what you all say is that I could sample what I whant if it does not come out on the market and if it's only for personnel use , so it's fine to work with the material and if I whant to make a commercial track out of that I just have to ask and pay for it wich should be done by the company that does that in my country anyway because of the form that got to be completed and the lawyers that check out on it? i think I get it

Quote:
Originally Posted by spatzle View Post
Sorry, I've seen this part later. So, to be more precise:

There's no maximum limit that's automatically allowed to sample. Maybe a judge can decide that the sound you use is not unique (and may be used for free), but I wouldn't rely on that.
Quote:
Originally Posted by mac0123 View Post
he can sample use etc as long as it is for non comercial use if it is noticable.
but if he intends on using it commercialy and it is totaly a rip off and noticeable from the source and they have claim then just get clearance on this usualy not a big deal
and dont realy cost much unless as i said your dealing with the likes of james browns lawers they will try sucking you dry.
most one hit wonders or etc usualy would grant for small one of fee or a realy small percentage of sales but mostly you wont get stung and noticed unless it hits mainstream making shed loads
then they get greedy and catch up to you and want royalties.
Quote:
Originally Posted by gwynebiau View Post
Also remember that different countries have different copyright laws, so even though US copyright law is really excessive in a lot of ways, there are still countries where copyrights are not recognized at all, and many places in between. Make sure you look up copyright laws for your country specifically.
Quote:
Originally Posted by platzangst View Post
Here is the truth, as far as US copyright law goes:

All copying of another person's work is illegal.

Except in certain cases.

The exceptions can be found in the Fair Use clause of the copyright law, and some of them include exemptions for things like academic use, or for critique or review, or parody. Furthermore, whether a work that copies another is done for profit or not, or how much of the original work is copyrighted, and how much it transforms the original, can have an effect on whether copying is considered Fair Use or not.

How do you know what qualifies as Fair Use? You don't, really, not until someone sues you over it. Samples as short as 3 notes have been successfully sued over. On the other hand, Girl Talk uses very recognizable samples and so far I haven't heard of a lawsuit against him. None of the conditions of Fair Use are an automatic protection against being sued. Some things made for non-profit have been sued and removed. Some things that made a lot of money have been sued but were successfully defended.

This is how it works: You sample a piece of music. If the owner hears about it, and decides they don't like it, they can take legal action against you. (Usually, this is where you get a Cease and Desist letter, and most people roll over at this point, not wishing to face a lawsuit.) If you choose to defend yourself using Fair Use, what you are basically saying is, "yes, I sampled this song without permission. However, because of [reasons], I feel the use is permitted under the Fair Use copyright clause". So you are admitting to the deed.

Then a judge or jury (usually a judge) will consider the evidence and decide whether or not your use, indeed, qualifies as Fair Use.

The problem is that judges are not always artists. They might not have the same outlook on things like commentary or collage. Also, there can be many different interpretations of whether a sample qualifies as Fair Use. The guidelines are pretty fuzzy, and you won't really know until a judge reaches a verdict whether or not your use qualifies as Fair Use.

This is why most major labels get all samples they know about cleared before they release albums - the hassle of settling this in court makes it easier to just clear samples regardless of whether the usage is a likely Fair Use exemption.

On the other hand, some artists use samples and never get sued. So if you sample without permission, you're basically rolling the dice. Maybe you'll luck out, maybe not.
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  #13  
Old 2012-11-10, 21:29
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zeebot zeebot is offline
 
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I am going to sue everyone for using the same 12 notes as me! The fact that they used them in a different sequence matters not
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  #14  
Old 2012-11-10, 23:19
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gwynebiau gwynebiau is offline
 
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Quote:
Originally Posted by zeebot View Post
I am going to sue everyone for using the same 12 notes as me! The fact that they used them in a different sequence matters not
If you were a big company in the US, you might just get away with it.
 

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