sampling and rights

[tc4b]

I don't make sample-based music, but i do use fruity loops. I got sick of the drum sounds that come with it and lifted some sounds from records. Not phrases or loops, just, for example, the snare from the intro to a song, one hit, less than a second. Today I got the snare hit from the beginning of "Bulls on Parade" from Evil Empire by Rage. I then use that several dozen times in the drum part to the song, made with fruity loops. Then I perform all the other instruments, guitar, bass, keys, vocals, and the occasional saxophone live.

Thing is, I'm always reading this recording magazine about how much trouble engineers go to to get these drum sounds, and here I am just lifting them, and my only excuse is that I don't own a drum kit or have any place I can put it.

So, if I pass the song as a whole off as my own, did I break any laws? If not, do you think this is wrong? Do I owe Zach De La Rocha money?

Thanks for any advice.

 

[Fieva]

So, if I pass the song as a whole off as my own, did I break any laws? If not, do you think this is wrong? Do I owe Zach De La Rocha money?

Thanks for any advice.

Ok, here's my $0.02 on this one. First of all, if it's for personal use and you don't plan to sell it or make money off of it, I wouldn't worry about it at all. However, I'm assuming that you're either about to lay vocals on the beat and put it on an album OR you're going to sell or give the beat to someone else who will. In that case, even still, the chances of it actually going mainstream and catching attention is minimal...just be warned that if it does and it's recognized, expect a cease and desist letter from the band or label (or a lawsuit if you ignore that).

Moving on...if it isn't too highly recognizable, it's probably not going to be noticed and again probably won't be too big of a deal. If it is, I'd highly suggest looking to clear the sample if you plan to sell it or it's that serious. An alternative to it is (if you are selling the beat to someone) is to make a contract that states what the sample is and that it will need to be cleared by the label and that it is the artist's responsibility to do so. This is also going to separate the hobbyists from the serious artists.

Finally, you could just try to get the samples cleared anyway, but if you are just starting out and your sounds are limited (which is why you chopped that sample anyway) then this may be a pricey option for you to take (no offense). But you never know until you try...it really depends on how greedy (and big) the label and/or managing company that represents the artist or band you sampled from is (as well as how big or small you are sometimes).

Make it bang,
Fiev.