instrumentals

Matt G

New member
I want to release a mixtape. I was under the impression that any instrumental can be used as long as you are not selling the music regardless of copyright.

Can someone shed some light on this so I know what beats I can use and not!

Thanks
 
A lot of different country's have different copyright laws, I always find it hard to answer questions when we don't know where you are.

However there will be a copyright association in your country, contact them and ask the question. Here in Australia it's Amcos.

Alan.
 
I don't know why you'd think instrumentals are fair game - they're still music, even without words... some people, me included, do it deliberately.... your theory would have to be wrong.
 
Basically, don't use other people's stuff. Ever. Unless you're paying for it.

It still violates copyright even if you aren't selling it.
 
I live in the United States. I am asking for legal purposes. I wasn't expecting people to say "don't use other people's stuff" I was expecting to get some actual legal advice.

This first track I ever recorded just a few weeks ago YouTube - ‪MattG & Wyhler - You Have a Name‬‏ for a young boy found dead and was unidentifiable. Could I get in trouble for posting that song?

Spose and Cam Groves, a couple kids I graduated with that made a little buzz nationwide just released "We Smoked It All" Vol. 2 and one of the tracks Cam is using the Fabolous beat "You be killin' em". Spose was signed to Universal but I don't thin Cam got permission to record over this instrumental. It was a mixtape available for free download.

I am trying to learn legalities

Location: Maine, United States
 
"don't use other people's stuff" is legal advice.
you can get in trouble for using anything that someone else created unles you have paid for the right to use it, have some express consent from whoever holds publishing rights, or it is a work in the public domain. Will you get in trouble for it? Who knows...
If you want more professional advice you could always hire a copyright attorney.
If you're friend got signed to Universal, then Universal will take care of any legality issues. You won't have to worry about it, because Universal has a big enough budget to hire copyright attorneys.
 
Some copyright holders WILL shut you down - specially anyone affiliated with Warner Brothers.
They can come at you after the fact to pay for previous uses of their music - even if you made no money on it.
 
Basically, don't use other people's stuff. Ever. Unless you're paying for it.

It still violates copyright even if you aren't selling it.

I live in the United States. I am asking for legal purposes. I wasn't expecting people to say "don't use other people's stuff" I was expecting to get some actual legal advice.

Oh, you actually wanted legal advice? My bad. Here's what I could come up with--


DON'T USE OTHER PEOPLE'S STUFF. IT'S ILLEGAL UNLESS YOU PAY FOR IT, REGARDLESS IF YOU ARE SELLING IT OR NOT.
(Is that really so hard to get your head around?)

Sincerely,
A Law Student
 
Alright, so all these underground rappers/artists are sampling plenty of famous hip hop instrumentals on mixtapes. Giving them away at small local shows. And without any rights. By them doing this, they can get it trouble (financially).

An exclusive instrumental is nothing for us to come by. There are millions online. But it racks up when you are releasing mixtapes. Any ideas aside from throwing together a few hi hats, and snares to come up with beats without going broke.
 
you either have to make the music or pay someone else to make the music - OR get permission from someone to use a sample of the music. The signed artist are paying royalties to the original artists they sample - the unsigned local people are just using them illegally -
 
The Harry Fox Agency
You can get permission to make a small run of copies here for very cheap.
TBH, you'd be better googling this yourself, cos it's specific to you, your music, and your country.


Bottom line, if it's not yours, and you don't have evidence of permission to use it, you can't use it.

Same applies for mics and power tools. :)
 
Alright, so all these underground rappers/artists are sampling plenty of famous hip hop instrumentals on mixtapes. Giving them away at small local shows. And without any rights. By them doing this, they can get it trouble (financially).

Yes, what they are doing is illegal. If they do it enough, they will end up with a lot more trouble than just financial trouble.

An exclusive instrumental is nothing for us to come by. There are millions online. But it racks up when you are releasing mixtapes. Any ideas aside from throwing together a few hi hats, and snares to come up with beats without going broke.

Buy them from people. Pay for rights. Or make them yourself.

That's pretty much it.
 
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