A legal question about sampling a rap song (acapella)

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Christian_R
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A legal question about sampling a rap song (acapella)

Post by Christian_R » Wed Jan 06, 2021 3:20 pm

Hi!

I'm playing around with an acapella rap track that I have put my own music on. The acapella track is an official track that I bought on iTunes, so I guess the rapper won't mind. But how strict are the laws regarding putting out a song on SoundCloud or YouTube?

There are many songs like this out there, and I'm sure many of them are published without permission from the record labels. But I still don't want to get in trouble for for breaking any copyright laws, even if I just have a few followers on SoundCloud.

Does anyone know? :)

102455
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Re: A legal question about sampling a rap song (acapella)

Post by 102455 » Wed Jan 06, 2021 4:38 pm

Seriously? You're having to ask?

You can't just take someone elses copyrighted work and do what you want with it.

Shift Gorden
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Re: A legal question about sampling a rap song (acapella)

Post by Shift Gorden » Wed Jan 06, 2021 5:42 pm

Christian_R wrote:
Wed Jan 06, 2021 3:20 pm
Hi!

I'm playing around with an acapella rap track that I have put my own music on. The acapella track is an official track that I bought on iTunes, so I guess the rapper won't mind. But how strict are the laws regarding putting out a song on SoundCloud or YouTube?

There are many songs like this out there, and I'm sure many of them are published without permission from the record labels. But I still don't want to get in trouble for for breaking any copyright laws, even if I just have a few followers on SoundCloud.

Does anyone know? :)
If you are using material that’s protected under copyright (which I assume this is since is been recorded, published and distributed) and you haven’t got permission to use it then yes, you are breaching copyright. And that’s illegal.

Doesn’t mean you can’t do something with it - you just need to know the risk :)

Christian_R
Posts: 231
Joined: Fri Apr 23, 2010 1:07 pm

Re: A legal question about sampling a rap song (acapella)

Post by Christian_R » Wed Jan 06, 2021 7:31 pm

102455 wrote:
Wed Jan 06, 2021 4:38 pm
Seriously? You're having to ask?

You can't just take someone elses copyrighted work and do what you want with it.
I know, I'm just wondering how strict it is since YouTube etc. has thousands of remixes like this. And since the original EP has an acapella track on it, I assume the artist would think it would be cool with a remix :)

I can try to contact the label so I don't do anything wrong.

Shift Gorden
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Re: A legal question about sampling a rap song (acapella)

Post by Shift Gorden » Wed Jan 06, 2021 8:27 pm

Yeah - although the artist might not mind, it’s all about the label. ;)

jlgrimes
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Re: A legal question about sampling a rap song (acapella)

Post by jlgrimes » Thu Jan 07, 2021 4:31 am

Christian_R wrote:
Wed Jan 06, 2021 7:31 pm
102455 wrote:
Wed Jan 06, 2021 4:38 pm
Seriously? You're having to ask?

You can't just take someone elses copyrighted work and do what you want with it.
I know, I'm just wondering how strict it is since YouTube etc. has thousands of remixes like this. And since the original EP has an acapella track on it, I assume the artist would think it would be cool with a remix :)

I can try to contact the label so I don't do anything wrong.
Youtube can be pretty strict. But it depends on what you plans are.


If you are just putting on Youtube yourself, you might be fine especially if song doesn't get many views. But as popularity increases, likelihood of illegal activity getting back to original owner increases. Worst case Youtube will just remove it for you if owner finds out. I did a song YouTube removed not because of samples but because the record company used a name that was already used and the other company had YouTube take it down. Song got to like 50000 views. That said alot probably depends on views of the original copyright owner. On one end, they might not mind and might even like it. On other end they might not want anyone to use their recordings for any reasons.

If you are putting it out via digital distribution company, they will have you sign something that states your song has all cleared samples and loops. They specifically ask for Youtube as they say Youtube is strict there. So I'd imagine you will get in more trouble doing it that way as they will be distributing for commercial purposes.


That said it is nothing wrong with doing these things for personal enjoyment. The problem is when song starts to generate revenue or done in a way publicly thats disrespectful or distasteful to original owner but if nobody hears it, nobody knows.

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