Copywrite- How different does it have to be?

  • Thread starter Thread starter coloradojay
  • Start date Start date
videodrone said:
this brings up a question iv always wondered. Theres this song I love and theres like a 15 sec (at the most) part in the middle that I wanted to sample and add to one of my songs. I was going to give them credit for the part and everything, but since I cant get ahold of this famous person to ask them, i was going to just do it anyways and give them the credit,

so would there be any legal things this could get me in trouble for?
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I've been curious about this too. I hear samples not only of really obvious artists (like Flavor Flave, or KRS 1), and of old Jazz/Soul/Funk tunes in new music all the time. It would be interesting to start a thread and pick peoples brains specifically on sample rights. It might be a good topic for the HipHop forum since HipHop uses samples so often.
 
A few thoughts:

- There isn't a specific maximum number of seconds that constitutes "fair use" for sampling purposes, just as there isn't some specific number of words that's "fair use" when quoting from a book or something.

- It seems to me, however, that it's unlikely that 15 seconds would constitute fair use. Fifteen seconds is a lot, at least in the context of typical popular music. That's more-or-less an entire chorus, for example.

- Using what you hear in popular records as a guide is dangerous. Not that many years ago, hip-hop artists would sample carelessly and figure they would get away with it somehow. Nowadays, it's become common for people to get clearances for their samples before releasing a record. So when you hear some identifiable R&B song sampled in a hip-hop record, it may well be there because the right to use it was bought and paid for.
 
I inherited all rights to the all of the major chords, I just happen to be a very generous fellow
 
*phew*... it's a good thing all I ever use is half-diminished and augmented 9ths

Velvet Elvis
 
Damn this thread is still on P. 1! This is a slow forum ;)

We got word last night that the client is happy with the jingle. The guitar player is still MIA, and so they are going to use it as-is (no retracking or added bass part). It will be hitting the radio in about 2 weeks, and the video production is still underway, and behind schedule. I guess we'll find out soon enough if anyone recognizes it!

We really need to get a hold of the guitarist to try to send in and copyright the tune (assuming it's original- and hell even if it's not :cool: ). The way the video guy wrote up the contract, he says the client has rights to use it, but we will still own the original copyright, he already has another client that wants it for something, and more that want a "similar sound". With any luck we'll get to retrack it for the next client, WITH a clicktrack this time, or at least percussion first.
 
Jay,

If you're paying the airfare... I'll fly out and track the guitar for you :)

Oh yeah... and I don't eat green M&M's... please pull all the green ones out of the candy dish before I arrive.

(insert every known Spinal Tap quote)

Velvet Elvis
 
Velvet Elvis said:
Jay,

If you're paying the airfare... I'll fly out and track the guitar for you :)

Oh yeah... and I don't eat green M&M's... please pull all the green ones out of the candy dish before I arrive.

(insert every known Spinal Tap quote)

Velvet Elvis
Click to expand...

Well, I'm single right now, so I don't want the damn green M&Ms either! :cool:

I did that work pro-bono, for some video or art to be named later, so no pay to share with ya! Boulder is a great place to be this time of year anyway.

If it helps tempt you, our amps go to 11!
 
Jay... wait until we get closer to ski season...

Then maybe I'd come out and do some work :)

Velvet Elvis
 
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